769811 v.1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOSEPH MARINO : 

: CIVIL ACTION 

v. : 

: NO. 02-cv-4488 

KENT LINE INTERNATIONAL d/b/a : 

VOYAGEUR SHIPPING LTD. : 

and : 

SLS, INC. d/b/a HOLT OVERSIGHT AND : 

LOGISTICAL TECHNOLOGIES : 

and : 

INCHCAPE SHIPPING : 

DEFENDANT INCHCAPE SHIPPING’S MOTION FOR LEAVE TO AMEND ITS 

ANSWER TO COMPLAINT TO ADD A CROSS-CLAIM

Defendant Inchcape Shipping, by and through its attorneys, Rawle & Henderson, moves 

this Honorable Court pursuant to Federal Rule 15(a) of the Federal Rules of Civil Procedure for 

leave to file its Answer to Plaintiff’s Complaint. In support of this Motion, Inchcape Shipping 

states: 

1. On July 17, 2002, Inchcape filed its Answer to Plaintiff’s Complaint. At 

the time, Inchcape anticipated that Kent Line would take over its defense, and thus no crossclaim against Kent Line International was filed. A cross-claim was filed against SLS. 

2. Kent Line International has declined Inchcape Shipping’s tender of 

defense. 

3. Inchcape is therefore defending the claim, but desires to add a cross-claim 

including indemnity against Kent Line International. 

Case 2:02-cv-04488-BMS Document 28 Filed 01/14/2003 Page 1 of 4
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769811 v.1 

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4. Although the deadline pursuant to this Court’s Scheduling Order has 

passed related to amending pleadings, this amendment is being sought in good faith and will not 

cause prejudice. Movant seeks relief as there will be no prejudice to any party, and no delay in 

compliance with the Court’s Scheduling Order. 

5. Counsel for Inchcape has spoken with counsel for Kent Line, and has been 

advised that Kent Line does not oppose this Motion. 

6. Accordingly, a true and correct copy of the proposed Amended Answer to 

Plaintiff’ Complaint with Cross-claim is attached as Exhibit “A.” 

 WHEREFORE, Inchcape Shipping respectfully requests that the Court grant this Motion 

to Amend, deem the amended Answer to Plaintiff’s Complaint with Cross-claim filed with the 

Court, and direct Kent Line International to respond pursuant to the Federal Rules of Civil 

Procedure. 

 Respectfully submitted, 

RAWLE & HENDERSON LLP 

By:______________________________ 

Carl D. Buchholz, III, Esquire 

Ann-Michele G. Higgins, Esquire 

The Widener Bldg., 16th Floor 

One S. Penn Square 

Philadelphia, PA 19107 

(215) 575-4200 

Attorney for Defendant, 

Inchcape Shipping 

DATED: __________________________ 

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769811 v.1 

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of defendant Inchcape Shipping’s 

Motion for Leave to Amend its Answer to Complaint to add a Cross-Claim, was sent via U.S. 

first class mail, postage pre-paid to the following counsel and/or parties of record: 

Thomas More Holland, Esquire 

Law Offices of Thomas More Holland 

1522 Locust Street 

Grace Hall 

Philadelphia, PA 19102 

Attorney for Plaintiff

A. Robert Degen, Esquire 

Fox, Rothschild, O’Brien & Frankel 

2000 Market Street, Tenth Floor 

Philadelphia, PA 19103-3291 

Faustino Mattioni, Esquire 

Mattioni, Ltd. 

399 Market Street, 2nd floor 

Philadelphia, PA 19106-2138 

RAWLE & HENDERSON LLP

By:_______________________________ 

Anne A. Cave 

The Widener Building 

One South Penn Square 

Philadelphia, PA 19107 

(2l5) 575-4200 

DATED: ___________________________ 

Case 2:02-cv-04488-BMS Document 28 Filed 01/14/2003 Page 3 of 4
769811 v.1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOSEPH MARINO : 

: CIVIL ACTION 

v. : 

: NO. 02-cv-4488 

KENT LINE INTERNATIONAL d/b/a : 

VOYAGEUR SHIPPING LTD. : 

and : 

SLS, INC. d/b/a HOLT OVERSIGHT AND : 

LOGISTICAL TECHNOLOGIES : 

and : 

INCHCAPE SHIPPING : 

ORDER

 AND NOW, this day of , 2003, it is hereby 

ordered and decreed that Defendant Inchcape Shipping’s Motion for Leave to Amend its Answer 

to Complaint to Add a Cross-claim be GRANTED, that Inchcape’s Amended Answer to 

Plaintiff’s Complaint with Cross-claim is deemed filed and that Kent Line International respond 

pursuant to the Federal Rules of Civil Procedure. 

 

 __________________________________ 

 J. 

Case 2:02-cv-04488-BMS Document 28 Filed 01/14/2003 Page 4 of 4